A jury consultant discloses the critical strategies he has used to help clients build multi-million-dollar, multi-media mediation presentations that up make insurance adjusters sit down, take notice, and write big assessments. I appeared to help my client plan his forthcoming mediation. The very first thing he did was show me all the wonderful family photos he previously of his customer and her spouse, the decedent.
My guy was the perfect plaintiff, the attorney began. Spent a great deal of time with his kids. Each morning He was the main one who took these to school most, he coached all their groups. An elder in his chapel. Loved by his neighbors. A consummate professional. His wife is a superb witness. And this, he said pointing to the autopsy photos, is what happened to him. I silently seen the photos, but all I was thinking was, So what?
Consider Your Audience Yes, so what? These photos, the whole stories, the personification of the deceased all have their place in a trial. Within a mediation, it’s slightly different. Were not playing to jurors. Were playing to the individual who holds the handbag strings. The insurance adjuster. Does an insurance adjuster care that your young customer was Phi Beta Kappa? Not likely. Can be an insurance adjuster psychologically affected because your clients hip and legs were burned up him while he sat half in and half from the SUV that experienced just rolled over on him? Insurance adjusters have seen the most severe of the most severe. Every day They see horrific injuries. Each day They see perfect plaintiffs. It doesn’t move them.
What do insurance adjusters care about? Insurance adjusters value one thing more than anything in the global world, more than money even. When an insurance adjuster is hearing and watching a mediation presentation by a plaintiff, she actually is asking herself, What is my downside here? What is my risk level?
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And she is constantly weighing the potential risks of going to trial versus the expenses of settling with money that the insurance company would prefer to carry to for a little longer. Your Objective: Communicate the risk when you start piecing together your mediation presentation, instead of asking, Whats great about my case?
consider, If I was the adjuster, what about this case would freak me out? The Elements of the Sphincter-Tightening PresentationTheir Witnesses and Documents The first answer is bad defense witnesses. Since lawyers in generaland active defense firms in particulartend to execute a terrible job of prepping witnesses before the deposition, it is essential that you videotape all key defense witnesses: company witnesses, doctors, and even experts. If you are in the habit of videotaping everything, healthy.
If not, now is a great time to enter that habit. Whenever you can, inform the complete story using defense witnesses. Grab the right elements of depositions that show blazing incompetence, indifference, or best yet, a bad motive. As much as possible, include documents generated by the protection to bolster your case. Adjusters don’t see see testimony before trial typically.
If theyve got some awful witnesses, make the adjuster alert to it painfully. Start and end with their horrible witnesses. The Timeline Sure, a timeline is effective for audience understanding always. But in the mediation presentation, you want to use the timeline to highlight points in the process of which the defendants could have made different alternatives that could have spared the plaintiff his fate. Did they hire against policy?
Decide never to inform the client base of a potentially fatal flaw in the safety product? Place it in the timeline. What About My Plaintiff? Of course your plaintiff needs to be contained in the presentation. The best dollars don’t lay in the wonder of your plaintiff’s life and the tragedy of his reduction. The big dollars rest in the adjuster’s uneasiness about the risk. And if the adjusters can be got by you sphincter to tighten, her hands might well loosen.
Later I was able to start a meeting for bloggers which also made money. None of this income came straight from the blog – but rather it emerged ‘because’ of my blog. As the way that I generate income blogging is a mixture of direct and indirect income many bloggers focus upon one or the other. I hope that this article could give useful information and was able to help you. If in any full case, you have any relevant questions, just leave it in the comment section and I’ll get back to you when I read it. If you want the article please leave a comment and spread the expressed word. Many thanks and God bless!